Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940436070.pdf (South Africa)
Monday, 28 March 2022] No 46—2022] FOURTH SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ MONDAY, 28 MARCH 2022 _____________________ TABLE OF CONTENTS TABLINGS National Assembly and National Council of Provinces 1.
Minister of Public Enterprises .......................................................................................... 2 Speaker and Chairperson .................................................................................................. 2 2.

COMMITTEE REPORTS National Assembly 1.

Public Enterprises ...........................................................................................................58 TABLINGS 1 National Assembly and National Council of Provinces 1.
The Minister of Public Enterprises (a) Annual Financial Statements of South African Airways SOC Limited (SAA) and its subsidiaries for 2017-18, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2017-18.

2.

The Speaker and the Chairperson DELEGATION REPORTS ADOPTED BY THE PARLIAMENTARY GROUP ON INTERNATIONAL RELATIONS (PGIR) ON 04 MARCH 2022.
(Continuing from 23 March 2022) (a) Report of the 17th Commonwealth Parliamentary Speakers and Presiding Officers Conference, Region, Rwanda, Kigali, 17 – 28 November 2021.

2 1 REPORT OF THE 17TH COMMONWEALTH SPEAKERS AND PRESIDING OFFICERS CONFERENCE, AFRICA REGION, RWANDA, KIGALI 1.

INTRODUCTION 1.1 This is a report on the 17th Commonwealth Speakers and Presiding Officers Conference (CSPOC) of the Africa Region that was held in Rwanda, Kigali from 17 to 28 November 2021.
The CSPOC is a forum of 63 African national and sub-national legislature heads under the auspices of the Commonwealth Parliamentary Association.

They are united by the mission of pursuing matters of common interest which include promoting respect for the rule of law, the development ideals and promotion of strong democratic parliaments.
1.2 Through the CSPOC, Speakers and Presiding Officers of Parliaments share best practices, pursue continental interests in the global sphere of nations, and collaborate in advancing the development of the peoples of Africa through building stronger democratic Parliaments.

The following 12 countries attended the 17th CSPOC: Botswana, Cameroon, Ghana, Kenya, Mozambique, Namibia, Nigeria, Rwanda, Sierra Leone, South Africa, Tanzania and Uganda.
1.3 The 17th Commonwealth Speakers and Presiding Officers Conference Africa Region was organised by the Rwandan Branch of the CPA Africa Region, under the overriding theme “African Parliaments in the 21st Century”.
The conference sub-themes or Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 3 2 topics that anchored and guided conference discussions and resolutions are: a) The Presiding Officer in a changing society: Strategies for Floor Management of Radical Dissent and Minority Government; b) Retooling Parliaments for Effective and Efficient Oversight; and c) The relevance of Parliamentary Immunities, Powers and Privileges 1.4 The Parliament of South Africa, as well as the Provincial Legislatures of the Northern Cape, Gauteng, Limpopo and Western Cape, participated in the proceedings of the 17th CSPOC.
The South African delegation was comprised of the: a) Chairperson of the National Council of Provinces (NCOP) and Leader of the delegation, Hon Amos Masondo; b) Speaker of the Gauteng Provincial Legislature and Regional Treasurer (CPA Africa Region), Hon Ntombi Mekgwe; c) Speaker of the Western Cape Provincial Legislature, Hon Masizole Mnqasela: d) Limpopo Provincial Legislature, Hon Rosemary Molapo; e) Northern Cape Provincial Legislature, Hon Newrene Klaatse.

2.
2.

Key Highlights of the Briefing Meeting of the South African Delegation 2.1 The South African delegation arrived in Kigali, Rwanda on 23 November 2021.

The Chairperson and leader of the delegation convened a briefing meeting to plan and devise an approach its Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 4 3 effective participation in the conference proceedings.

Joining the session was the representative of the South African High Commission to Rwanda.
An overview of key issues flagged during the presentations and briefings are: a) The cordial relations South Africa enjoys with Rwanda since the democratic dispensation in 1994; b) Good cooperation on matters of trade, health and others; c) The solidarity services extended by the Cuban doctors to fight the ravaging COVID 19 pandemic; d) The contribution of South Africa to the Rwandan reconciliation and nation-building efforts following the 1994 genocide in Rwanda; e) The diplomatic challenges experienced following the assassination of two Rwandan nationals residing in South Africa.
The Department of International Relations was reportedly working on normalising the areas of divergence between the two countries through, inter alia, the establishment of a Technical Committee; f) Members of the South African delegations were advised to be cautious and vigilant in handling security issues in how they conduct themselves during their stay in Rwanda; g) Noting the ongoing process of normalizing the diplomatic relations, Members of the delegation were cautioned not to rush into initiating bilateral relations, to ensure coherence of messages between the Legislative and the Executive Arms the State at both multilateral and bilateral levels; and h) The delegation was further advised on how to respond to the VISA issues between Rwanda and South Africa as this is an immigration Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 5 matter currently handled on a bilateral basis between the departments of Home Affairs of both countries.
4 3.

Opening Ceremony 3.1 The opening ceremony was addressed by His Excellency the President of Rwanda – President Paul Kagame; the Chairperson of the CPA Africa Region and Speaker of Kenya’s National Assembly Hon Justine Muturi; the Speaker of the Rwandan Chamber of Deputies, Hon Donatille Mukabalisa and South Africa’s Chairperson of the National Council of Provinces, Hon Amos Masondo.
3.2 Key amongst the issues raised by President Kagame was a need for parliament to be at the forefront of fighting the Covid-19 pandemic and in driving the overall recovery, in building Africa’s resilience against health threats through, inter alia, the ratification of the ‘African Medicines Agency treaty’ to “help ensure that vaccines and medications in Africa are both high-quality & locally produced” 3.3 Rwandan Speaker Mukabalisa, who is also the host of the 17th CSPOC, appreciated that the CSPOC platform enables the Speakers and Presiding Officers to share views and best practices on efforts aimed at strengthening democracy, managing and restoring the decorum of Parliament and meeting peoples needs and expectations.
3.4 The Hon Justin Muthuri said the Covid-19 pandemic’s adverse effect on social and economic spheres of societies required Parliamentary oversight to ensure that the recovery plans are implemented and the impact is realized by the people on the ground inspired by the spirit of Ubuntu.

3.5 The Chairperson of the National Council of Provinces, Hon Masondo rounded off the discussions through the vote of thanks to Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 6 5 the hosts and delegates.
The Chairperson noted that the maintenance, fostering and encouragement of impartiality and fairness remains a key factor in enabling the democratic parliaments to function effectively.
3.6 To this end, he urged all Member parliaments of the Commonwealth Parliamentary Association in the continent to spare no effort to advance the citizens inalienable right to participate in democratic processes by among others translating the ideals of the Universal Declaration of Human Rights covenants and International instruments to lived realities of people on the ground, encouraging tolerance, respect, understanding, moderation and religious freedoms which are essential to the development of free democratic societies.
4.

Discussion and Analysis in Plenary Sessions: Key Issues Emerging from the General Meeting 4.1 The General Meeting of Speakers of National Parliaments sat to discuss and decide on governance matters of the CSPOC.

These included confirmation of hosts for future CSPOC conferences and the rotation of the Members of the Standing Committee representing different sub-regions within the CPA Africa Region.
The Secretariat reported that Cameroon will be the immediate host of the 18th CSPOC IN 2023 and Botswana will host the 2025 conference.

In line with the Standing Rules of CSPOC, the Speaker of the Parliament of Cameroon assumed the position of Chairperson of the Standing Committee and Botswana will become the Vice- Chairperson of the Standing Committee.
It was further reported that there following countries would become the Members of the Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 7 Standing Committee representing different sub-regions within the Standing Committee: a) South Africa will be replacing Namibia as the representative of 6 Southern Africa; b) Mozambique to represent Central Africa; c) Uganda to represent East Africa; and d) The Gambia to represent West Africa.

5.
5.

Plenary Session on Thematic Topics: The Role Of Presiding Officer in Changing Society: Strategies for Floor Management and of Radical Descent and Minority Government 5.1 The topic was moved by the Speaker of the Parliament of Sierra Leone, Hon Dr Abass Chernor Bundu and supported by the Chairperson of the National Council of Provinces in South Africa Hon Amos Masondo.
Dr Bundu said a balanced approach is critical because democracy also produces hung parliaments he described as invariable “products of the popular will”.

He called for promotions and consolidation of processes of negotiations, conciliation, consensus, bridge building and cooperative governance’ to succeed in sustaining effective parliaments even in instances of unclear electoral winners.
He said these features are critical in ensuring good governance and stability required for the decorum of the house to be respected.

5.2 In supporting the topic presented by Sierra Leon, Hon Chairperson Masondo, said every effort should be made to preserve the integrity of the legislatures in order to build public trust and confidence.
He acknowledged the challenges of Speakers remaining non-partisan when a Presiding Officer has also to serve a constituency office as Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 8 7 deployed by the governing party and return to chair Parliamentary plenary sessions.
He called for effective measures, rules and regulations to help down manage filibustering by Members of Parliament, enhance the management of coalition governments produced by votes, and maintain the stability and the decorum of the house in a context of unjustifiable offences driven even minority parties in Parliament.
He said these were experienced in South Africa and the Presiding Officers did their best to keep the decorum of the house, exercise patience and impartiality while applying house rules and sanctions.

5.3 Delegates flagged the necessity of conduction more in-depth research to establish causes of radicalism and the new culture of filibustering that tend to bring about instability and adversely affect the image of Parliament as a democratic institution on which the aspirations of the people depend.
Delegates further noted the need for the Presiding officers to devise a mechanism of ensuring adequate consultation amongst leaders of all political parties and some instances establish a forum or informal Committee to discuss the sensitive aspect of adhering, internalizing and respecting the rules of the house during debates.
The development of open-door policy by the presiding officers and asserting Parliament as a learning institution will go a long way towards ensuring consensus amongst members of different political parties and thereby restoring the decorum of the house.
The following recommendations were advanced as mitigating factors to the challenge at hand: a) Presiding Officers should be inclusive, impartial and consultative in managing dissenting views and opposition parties; Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 9 8 b) Presiding Officers to ensure that mechanisms are in place to preserve the rights of minorities and opposition parties; c) Presiding Officers to maintain the independence of the Legislature from the interference of political parties and the Executive branch of government; and d) Accommodate minority groups and make provisions in the Standing Rules.
6.

Retooling Parliaments for Effective and Efficient Oversight 6.1 The topic was moved by Rwanda and supported by Cameroon, during a session chaired by Nigeria.

Parliaments have crucial responsibilities to play in national and local development policies.

Whilst Governments have to ensure service delivery to the people, Parliament has to ensure that the strategic outcomes as envisaged by Governments are achieved.
As a result of the law-making, oversight and people representative functions, parliamentarians can actively engage in the development and implementation of policies and laws that are pro-poor, minority-friendly, gender-responsive and environmentally sensitive.

They argued that generally, these features reflect a Parliamentary system that supports the achievement of broad human development objectives.
To this end, the role of Parliamentary oversight in holding the Executive accountable is of the utmost importance.
In deliberating on the topic of retooling oversight, participants urged Parliaments to consider the following: a) Develop frameworks for citizen participation and involvement in monitoring and evaluation; Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 10 9 b) Pass legislation that compels the government to submit to legislative scrutiny and oversight; and c) Invest in continuous capacity building of staff and personnel and hire consultants, where necessary to bridge the gap of inadequate capacity for effective oversight.
7.

The Relevance of Parliamentary Privileges, Powers and Immunities 7.1 The topic was moved by Tanzania and supported by Zambia during a session that was chaired by Uganda.

Maintaining order and decorum of the house ranks is amongst the Speaker’s most vital functions while chairing plenary meetings of the houses of Parliament or joint sessions.

This entails ensuring that such meetings are conducted in an orderly fashion and according to the laid down practices and procedures.
The Speaker/Presiding Officer interprets and applies the house rules, responds to Members’ points of order and gives rulings where necessary.

The privileges, immunities and powers of the Legislature are necessary for the effective discharge of its functions.
In responding to the challenges of the culture of abusing parliamentary immunities, privileges and powers, the following interventions were suggested: a) African Parliamentarians ought to defend their privileges to maintain the independence and autonomy of the Legislative Branch; and b) Develop a code of ethics for Legislators to avoid absolutism and abuse of parliamentary powers.

8.
Overall Observations Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 11 8.1 Following the conclusion of the proceedings of the 17th Speakers and Presiding Officers Conference, the following observations emerged from the members of the delegation: 10 a) The conference was a success and has achieved the desired objective of interrogating the role of Parliaments in the 21st century; b) The South African delegation participated well and contributed to enriching the deliberations of the conference; c) Many of the African countries continue to express confidence in South Africa to play a leadership role in the African continent in all multilateral institutions; d) The attendance at the conference was not satisfactory due to competing International conferences that took place at the parliamentary level; and e) There seems to be a gap in the implementation of resolutions adopted at CPA conferences, with no accountability for execution or non-execution of the previous resolutions in subsequent meetings.
9.
Recommendations 9.1 The South African branches of the CPA Africa Region attending the conference advanced the following recommendations: a) Develop a model of tracking resolutions to ensure implementation of resolutions with regular accounts for work done or not done; b) Embark on the development of local activities for CPA branches in South Africa; and Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 12 11 c) CPA and CSPOC in consultation with the African Union ought to develop guidelines to implement and operationalise the African Continental Free Trade Agreement.
d) African Parliaments must endeavour to develop mechanisms to monitor and oversight the implementation of Africa`s AGENDA 2063 and Sustainable Development Goals as International Frammeworks that guides and measure the extent of our global development.
Prepared by: Mr M Ngese International Relations and Protocol Division Draft 0.1 Report on the 17th CSPOC Kigali-Rwanda Session 13 (b) Report of the 143rd Inter-Parliamentary Union Assembly_Madrid_26 – 30 November 2021 14 REPORT OF THE 143RD IPU ASSEMBLY 26-30 November 2021 Madrid, Republic of Spain EXECUTIVE SUMMARY The 143 Inter-Parliamentary Union (IPU) Assembly was held in Madrid, Republic of Spain from 26-30 November 2021.
The overriding Theme of the Assembly was, “The 15 Contemporary challenges to democracy: Overcoming division and building community”.

This was the first physical sitting of the IPU Assembly since the outbreak of the COVID 19 pandemic at the beginning of 2020.

The Parliament of the Republic of South Africa was represented by the following Honourable Members and Officials in the 143rd IPU Assembly: • Hon.
Mrs. Nosiviwe Mapisa-Nqakula, MP (Speaker of the National Assembly and leader of the South African Delegation); • Ms Sylvia Lucas, MP (Deputy Chairperson of NCOP); • Hon.

Mr Madala Ntombela, MP (House Chairperson: International Relations); • Hon.

Mr. Floyd Shivambu, MP; • Hon.

Ms Judith Nemadzinga-Tshabalala, MP; and • Hon.

Ms Annelie Lotriet, MP.
The delegation was supported by the following officials: • Ms. Penelope Tyawa, Acting Secretary to Parliament; • Ms Nogolide Nojozi, Acting Executive Director: Office of the Speaker; • Mr Job Sithole, Division Manager IRPD; • Mr Moloto Mothapo, Spokesperson of Parliament (PCS); • Adv Frank Jenkins – Senior Legal Adviser; • Ms Sebolelo Mvulane, Office Manager in the Office of Deputy Chair; • Mr Moloto Mothapo, Parliamentary Communication Services; • Ms. Masego Dlula, Parliamentary Communication Services; • Ms Zukiswa Kula, Senior Executive Assistant::Office of the Speaker; and • Mr S’thembiso Tembe, Researcher.
As part of its comprehensive programme, the 143rd IPU Assembly included receiving reports about the activities of committees and other IPU bodies; the appointment of two internal auditors for 2022; the election of Members of the Executive Committee to replace Members whose terms had expired; and the appointment of the Secretary General for a period of four years.
Other IPU bodies, including the IPU Governing Council and Standing Committees, as well as the Forum of Women Parliamentarians and the Forum of Young MPs, met in person for the first time since the beginning of the COVID-19 pandemic.
The IPU launched several new tools for parliamentarians during the Assembly, including a Handbook on gender- responsive law making in partnership with UN Women, a regional report on Sexism, harassment and violence against women in parliaments in Africa and Guidelines for parliamentarians on budgeting for the SDGs.

Delegates also considered a draft resolution on legislation worldwide to combat online child sexual exploitation and abuse.
Of significant importance was the Governing Council’s adoption of the Africa Group emergency item relating to the urgent need for the equitable distribution of COVID 19 vaccines in order to fight the spread of COVID 19 and to reduce COVID 19 related fatalities.

The overwhelming adoption of this important emergency item was ground- breaking and unifying to all the IPU Member States.
It will go a long way in preserving the inherent right to life for all global citizens regardless of their economic status and social standing.

2 16 The 143 IPU Assembly also received a request from the Pan African Parliament (PAP), requesting the IPU to upgrade the observer status of the PAP in the IPU, to that of fully participation.

The issue of Youth participation in politics as Members of Parliament was discussed at length in the IPU Assembly.
The South African delegation also participated in various important meetings on the sidelines of the 143rd IPU Assembly.

These meetings and engagements include the Bilateral Meeting with Georgia, Meeting with the Tunisian Delegation, 7th BRICS Parliamentary Forum and the Inaugural of the Non-Aligned Movement Parliamentary Network.
While the 143rd IPU Assembly was a huge success, the good mood of the Assembly was spoiled when some developed countries decided to red list and cancelled flights to the African countries due to the outbreak of Omicron Variant.

The decision to cancel flights created a state of uncertainty and panic to the IPU Delegates who were already outside their countries, in particular those from the Southern African Region.
The 143rd IPU Assembly also endorsed the appointment of two internal auditors for 2022, the re-appointment of Secretary General of the IPU, Hon.

Martin Chungong for another 4-year term.

In addition to the above, the 143rd IPU Assembly also witnessed the election of three Executive Committee Members of fill the vacant positions in African Group and Twelve Group respectively.

The 144th IPU Assembly will be held in Indonesia, from 20-24 March 2022 1.
INTRODUCTION The 143rd IPU Assembly was held in Madrid, Spain, physically for the first time since the outbreak of the COVID 19 pandemic.

The IPU as the world Parliament continues to be driven by its vision to work for global peace, to improve the lives of the people, to ensure human rights of all people.

Its vision and main objective is to ensure that world Parliaments works for democracy, security, stability, human rights, gender equality and sustainable development.
On the basis of the above, it was befitting that the overriding Theme of the 143rd Assembly was, “The Contemporary challenges to democracy: Overcoming division and building community”.

Addressing the contemporary challenges facing democracy requires a concerted effort at both the national and international level.

In this regard, the 143 IPU Assembly provided Members of Parliament across the globe a platform to share ideas and solutions on how to deal with the contemporary challenges.
The South African Delegation participated actively in the Governing Council meetings and in various Standing Committee Meetings, as well as the Forum of Women Parliamentarians and the Forum of Young MPs.

2.

DISCUSSION 3 17 2.1.

Forum of Women Parliamentarians The 32nd Session of the Forum of Women Parliamentarians was held on 26 November 2021.

It brought together 197 participants, including 114 parliamentarians from 62 countries and representatives from various international organizations.
There were 86 women and 28 men amongst the participants.

Hon.

Ms. M. Batet Lamana, President of the Congress of Deputies (Spain) was elected to the Presidency of the 32nd Session.

There was also a panel discussion on strategic gender responsive law making.

In addition to the above, the Forum for Women also organised a parity debate on whether men and women Members of Parliament are equally engaged in gender equality.
The meeting of the Forum of Women Parliamentarians concluded its meeting by electing Hon.

Ms. U. Undram from Mongolia to fill the vacant seat for the Asia-Pacific Group and the Forum further approved the election of Ms. W.P.

Andrade Munoz of Ecuador to the position of Second Vice President of the Bureau of Women Parliamentarians.

2.2.

Forum of Young Parliamentarians The meeting of the Forum of Young Parliamentarians was held on 27 November 2021.
The Forum members exchanged views on the main theme of the Assembly’s General Debate, “Contemporary challenges to democracy: Overcoming division and building community”.

The Forum agreed that for democracy to be strong, it needed to be youth driven by more inclusive and more youth responsive parliaments.

The IPU Youth Movement was contributing its share through the, “I say Yes to Youth in Parliament” campaign, which had already galvanized more than 500 political leaders across the world.
In their contribution to the IPU resolution, “Legislative worldwide to combat online child sexual exploitation and abuse from youth perspective”, the young MPs highlighted the need for cooperation at international, regional and national levels; legislation that criminalized online sexual exploitation; and having children who experienced such exploitation placed at the center of the policy response.

2.3.
2.3.

Committee on Human Rights of Parliamentarians The 143rd IPU Assembly also received reports and adopted decisions on various human rights violation situations affecting Members of Parliaments globally.

Some of the affected Members of Parliament are in jail while some are in exile because of persecutions and dead threat in their home countries.

This include Members of Parliament from Brazil, Cambodia, Chile/Argentina, Colombia, Gabon, Iraq, Libya, Myanmar, Pakistan, Sri Lanka, Tunisia and Venezuela.
The abovementioned decisions condemned the human rights abuses directed at Members of Parliament and population in general.

2.4.
2.4.

Activities of Committees and other bodies 4 18 The following Committees also met during the 143 IPU Assembly to discuss and receive reports on various programs of those Committees: • Committee on Middle East Questions; • Committee to promote respect for international law; • Gender partnership Group; Advisory Group on health; • Group of Facilitators for Cyprus; • High Level Advisory Group on countering terrorism and violent extremism; and Working Group on Science and Technology 2.5.
Appointment of two internal auditors for 2022 The Governing Council appointed Hon.

Mr. Andries Gryffroy, First Vice President of the Senate of Belgium and Hon.

Ms. Heli Jarvinen, a Member of Parliament of Finland as the internal auditors of the IPU for 2022.

2.6.

Elections to fill vacancies in the Executive Committee The Governing Council elected the following Executive Committee Members to fill the existing vacancies as follows: • Hon.

Ms. Olga Kefalogianni from Greece and Hon.


Mr. Jose Ignacio Echaniz from Spain were elected to fill the two vacancies in the Twelve Plus Group.

Hon.

Kefalogianni and Hon.

Echaniz were elected to fill vacancies left by Mr. D McGuinty from Canada and Ms. L. Fehlmann Rielle from Switzerland, whose Executive Committee terms ended at the 208th Session of the Governing Council.

• The Governing Council also elected Hon.


Mr. Ahmed Kharchi of Algeria to fill the vacancy of the African Group in the Executive Committee.

This vacancy was previously filled by Mr. G. Gali Ngothe from Chad.

Mr. Ngothe is no longer a Member of Parliament.

2.7.

Appointment of the Secretary General for a period of four years Hon.

Martin Chungong, the Secretary General of the IPU was re-elected as the Secretary General of the IPU for another 4-year term.

3.
3.

SOUTH AFRICAN DELEGATION ENGAGEMENTS ON THE SIDELINES OF THE 143RD IPU ASSEMBLY 3.1.

Bilateral Meeting with Georgia The South African Delegation, led by the Speaker of the National Assembly, Hon.

Mrs. Nosiviwe Mapisa-Nqakula held a Bilateral meeting with the Georgian Delegation.

The 5 19 Georgian Delegation was led by the Speaker of the Georgian Parliament, Hon.

Mr. Kakha Khuchava.

The abovementioned Bilateral meeting was held on the sidelines of the 143rd IPU Assembly in Madrid, Spain.
The two Parliaments discussed ways and means of increasing their relationship and cooperation.

In this regard, they agreed to strengthen their relationship in the following areas: • On Mining; • Tourism; • Cooperate in sports and education; • To ensure that the two Parliaments work together to support agreements signed by the Executive of the Republic of South Africa and Georgia; Investment; and • • To cooperate more at Parliament-to-Parliament level.
The two Parliaments also agreed to fight COVID 19 Vaccine nationalism and to ensure the equitable distribution of COVID 19 Vaccines.

The Georgian Delegation also raised a concern that while South Africa has a Visa-Free Access to Georgia, on the contrary, the Georgian citizens were required to have Visas in order to enter the borders of South Africa.
The Honourable Speaker of the National Assembly made a commitment to find out from the Executive, why the Georgian citizens were required to have visas when coming to South Africa while the South Africans were not required to have visas to enter Georgia.

3.2.
3.2.

The Inaugural meeting of the Parliamentary Network of the Non-Aligned Movement The South African delegation also attended the Inaugural Meeting of the Parliamentary Network of the Non-Aligned Movement on the sidelines of the 143rd IPU Assembly in Madrid, Spain.

The Inaugural Meeting was held on 28 November 2021 and it was convened by the Parliament of Azerbaijan.

The Republic of Azerbaijan is currently chairing the Non-Aligned Movement.
Mr. Duarte Pacheco, the President of the IPU and Mr. Martin Chungong, the Secretary General of the IPU, also attended the abovementioned Inaugural Meeting.

The Inaugural Meeting culminated in the signing of a Declaration.

Amongst others, the Declaration declared the Non-Aligned Movement Parliamentary Network’s unwavering commitment to the principles and objectives of the Non-Aligned Movement.
The objectives for establishment of the Non-Aligned Movement Parliamentary Network are as follows: • To contribute to wider awareness and the promotion of the ideas and principles of the Movement among and within populations of the NAM Member States; • To ensure parliamentary support where appropriate, for NAM positions as expressed in the outcome document of major NAM events; 6 20 • To provide a framework for cooperation and coordination among the parliaments of NAM Member States and for exchange of parliamentary experience in the field of peace, security, human rights and development; • To provide input of parliamentarians in addressing issues of concern for NAM Member States; and • To promote contacts with international parliamentary institutions for ensuring effective parliamentary cooperation.
The next Meeting of the Parliamentary Network of the Non-Aligned Movement will be held in 2022 in Baku, Azerbaijan.

3.3.

7th BRICS Parliamentary Forum The 7th BRICS Parliamentary Forum was hosted by the Parliament of India on the sidelines of the 143rd IPU Assembly in Madrid, Spain.

Delegates from all five BRICS Member Parliaments (Brazil, Russia, India, China and South Africa) attended the 7th BRICS Parliamentary Forum Meeting.
The South African Delegation was led by the Speaker of the National Assembly, Hon.

Ms Nosiviwe Mapisa-Nqakula, MP.

The Theme of this meeting was: “The Role of BRICS Parliament in ensuring equitable and inclusive post-pandemic economic recovery”.

Delegates from BRICS Member States shared ideas on what they need to do to ensure economic recovery post-pandemic.
In addition to the above, Members States shared experiences on what they have been doing in ensuring that Parliaments and Parliamentarians continue to function despite the challenges of COVID 19 pandemic.
Moreover, the 7th BRICS Parliamentary Forum commended South Africa and India at both the World Trade Organization and United Nations level, for proposing initiatives aimed at temporarily wavering of specific Trade-Related Aspects of intellectual Property Rights relating to the manufacturing of COVID-19 vaccines, medicines, diagnostics and other technologies.

In conclusion, the 7th BRICS Parliamentary Forum emphasised the urgent need to conclude the BRICS Protocol.

3.4.
3.4.

South African Delegation meeting with the Delegation from Tunisia The South African Delegation met with the Tunisian Delegation in Madrid, on the sidelines of the 143rd IPU Assembly.

Hon Mr Madala Ntombela, the House Chairperson: International Relations, led the South African Delegation.

The meeting was initiated by the Tunisian Delegation.
The Tunisian Delegation initiated this meeting in order to brief the South African Delegation about the political situation in Tunisia as follows: • That the work of Parliament is suspended by the President of the country; • That the Speaker of the Parliament of Tunisia and Members of Parliament are prohibited to leave the country; • That there is no freedom of speech as those who criticise the Government are arrested; 7 21 • That the President of the country was not giving them a clear plan on how to return the country to constitutional democracy; • That the President of Tunisia is an authoritarian as he suspended Parliament and he rule by a decree; • The Tunisian Delegation concluded by requesting South Africa to help them to return to Constitutional Democracy.
The South African Delegation committed to convey their request to the responsible authorities in South Africa.

4.

Watershed African Group’s Emergency Item on the Equitable Distribution of COVID 19 Vaccines The African Group submitted a watershed Emergency Item on the need for Equitable Distribution of COVID 19 vaccines in order to fight the COVID 19 pandemic.

This Item received the overwhelming support of all the IPU delegates.
This resulted in the IPU calling for the international community to ensure “comprehensive, equitable and timely access to safe, affordable and highly quality vaccines” of the novel Corona Virus, especially in the developing countries.

At the 143rd closing session of the IPU, the member parliaments supported unanimously the African Group to mobilize the global parliaments support to achieve equity in distributing vaccines of the pandemic.
The overwhelming support of the African Group Emergency Item was of significant importance as it seeks to level the playing field between the developed and developing countries in their quest to fight COVID 19 pandemic.

This will ensure that all countries, regardless of their economic status, will be supported and be provided with means to fight the pandemic.

The unity of the IPU Member Parliaments in support of this Emergency Item was the highlight of the 143rd IPU Assembly.

5.
5.

RECOMMENDATIONS FOR THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 5.1.

Matters emanating from the Bilateral Meeting between the South African Delegation and the Delegation from the Parliament of Georgia Hon.

Mr. Kakha Khuchava, the Speaker of the Parliament of Georgia indicated that Georgia had a Visa-Free-Policy for the citizens of South Africa, while the Georgian citizens were required to have visas if they want to go to South Africa.

In this regard, he requested the Hon.


Speaker of the National Assembly Hon.

Mrs. Nosiviwe Mapisa- Nqakula, to help to resolve the Visa issue.

The Hon.

Speaker of the National Assembly committed to engage the responsible authorities in this regard.

On the basis of the above, it is recommended that the Honourable Speaker of the National Assembly should consider to engage the South African authorities on the issue of visas as raised by Hon.

Khuchava during the Bilateral Meeting.

8 22 5.2.


The Finalization of the BRICS Protocol The 7th BRICS Parliamentary Forum Meeting emphasized the urgent need to finalise the long overdue BRICS Protocol.

The BRICS Protocol was revived by India.

The BRICS Protocol is of cardinal importance as it will regulate and guide the work of the Parliamentary Forum.

On the basis of the above, it is recommended that the South African Parliament should consider to finalise its input on the Draft BRICS Summit.
This must be done before the convening of the 8th BRICS Parliamentary Forum.
9 23 143rd IPU Assembly Madrid, Spain 26-30 November 2021 Harnessing global parliamentary support for vaccine equity in the fight against the COVID-19 pandemic Resolution adopted unanimously by the 143rd IPU Assembly (Madrid, 29 November 2021) The 143rd Assembly of the Inter-Parliamentary Union, Welcoming the UN Security Council Resolution 2565 (2021) adopted on 26 February 2021, Recalling that the right to the enjoyment of the highest attainable standard of physical, mental and social health and well-being is a fundamental human right enshrined in Article 25 of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, Sustainable Development Goal 3, the Constitution of the World Health Organization, the majority of national constitutions and other international treaties and agreements to which the IPU Members are signatories, Also recalling that this right is accorded to all human beings regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, disability, birth or other status, Cognizant that, on 23 September 2019, world leaders endorsed a comprehensive political declaration on health at the UN High-Level Meeting on Universal Health Coverage under the theme Universal Health Coverage: Moving Together to Build a Healthier World in which they undertook to co-operate in strengthening health systems to ensure that they are equitable, resilient and capable of meeting everyone’s needs as an essential priority for international development, Mindful that, at the 141st IPU Assembly held in Belgrade, Serbia in October 2019, the IPU adopted a landmark resolution entitled Achieving Universal Health Coverage by 2030: The role of parliaments in ensuring the right to health calling for parliaments to take all legal and policy measures to achieve Universal Health Coverage and address barriers to access to health for all, Noting that the COVID-19 pandemic has been an ongoing moment of reckoning for health systems and
 health security around the world, as well as to our commitment in both word and deed to achieving Universal Health Coverage and addressing barriers to access to health for all in such times of crisis, Recognizing that vaccination is part of a comprehensive strategy to reduce transmission and save lives and is among the most important tools in the fight against the pandemic, and reaffirming that extensive COVID-19 immunization is a global public good, E #IPU143 24 - 2 - Welcoming the fact that the COVID-19 Vaccines Global Access (COVAX) initiative has already delivered more than 550 million vaccine doses to low and lower-middle income countries, including substantial amounts of vaccine donations from high income countries, and has secured enough vaccines to cover 43 per cent of the populations concerned, Concerned that prolonged delays in the recognition and registration of vaccines complicate the health and developmental crisis, economic downturn and suffering occasioned by the COVID-19 pandemic in Africa and other regions among those most affected, and that vaccine inequality translates into social and economic inequality resulting in more fatalities and increased poverty, Therefore the 143rd Assembly: 1.
2.

3.

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Calls upon the international community and the WHO to further advance joint efforts to ensure timely, equitable and universal access to safe, affordable, quality and effective vaccines, with particular regard to the needs of low and middle income countries and the most affected regions; Calls upon countries to recognize the importance of the principle of equity, meaning that each person must be vaccinated in accordance with their level of risk and needs, and to ensure that that principle be reflected at the national and global levels with respect to access to essential vaccines; Encourages vaccine manufacturers to provide regular, clear supply forecasts as to how they will fulfil and prioritize their contracts with COVAX and other relevant regional initiatives; Also encourages vaccine manufacturers to enhance the production of vaccines by using flexible cooperation models such as building up fill and finish production capacities, technology partnerships and licensing activities; Calls upon governments to harmonize all regulatory requirements to accelerate the supply of vaccines, and provide the logistics and training for implementing large-scale vaccination programmes; Implores parliamentarians to work with their national governments to exert a global and collective influence on the WTO to eliminate all export restrictions and any other trade barriers on COVID-19 vaccines and the inputs involved in their production; 7.
Insists on the fact that both national and international efforts to raise awareness regarding the effectiveness of vaccines, to engage communities and to reduce vaccine hesitancy are indispensable to attain a sufficient degree of immunization around the world and that considerably more efforts in this field are required.
25 143rd IPU Assembly Madrid, Spain 26-30 November 2021 Legislation worldwide to combat online child sexual exploitation and abuse Resolution adopted unanimously by the 143rd IPU Assembly (Madrid, 30 November 2021) The 143rd Assembly of the Inter-Parliamentary Union, Condemning all forms of online child sexual exploitation and abuse, Recalling the universally accepted UN Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime, as well as the UN Committee on the Rights of the Child’s Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, Also recalling the Council of Europe’s widely recognized Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the “Lanzarote Convention”), Further recalling in particular Article 19 of the Convention on the Rights of the Child on the protection of children from all forms of violence, injury, neglect, exploitation and abuse, including sexual abuse, Reaffirming that the general principles of the Convention on the Rights of the Child, including the best interests of the child, non-discrimination, participation, survival and development, provide the framework for all actions concerning children, Noting that the sale, trafficking and online child sexual exploitation and abuse is a growing and international concern that needs cross-border collaboration and coordination, and acknowledging that the fight against it has to be a high-priority global initiative, Acknowledging the necessity of a multifaceted approach to effectively prevent and combat online child sexual exploitation and abuse on all levels in order to protect children from such exploitation in the first place, Bearing in mind the
 lack of a sufficient legal framework, specifically legal provisions criminalizing all forms of online child sexual exploitation and abuse, budget, technical expertise and workforce in many States to effectively combat online child sexual exploitation and abuse, Recognizing the importance of creating awareness about the preventive measures and harmful effects of online child sexual exploitation and abuse in the eyes of the public, particularly parents, teachers, children and community leaders, legislatures, law enforcement agencies and all other relevant policymakers, E #IPU143 26 - 2 - Considering that children’s voices are in general little or badly considered, and that law enforcement agents and judges are still poorly or not at all informed about cases of online sexual exploitation and abuse children can be victims of, Acknowledging the importance of relevant (sexual) education programmes, communication campaigns and media literacy as a basis for prevention in any cultural milieu, as well as education on the role that increased digital capabilities play in increasing the vulnerability of victims and facilitating perpetrators of online child sexual exploitation and abuse, Recognizing the importance of information and communications technologies in children's lives as a new tool for learning, socialization, expression, inclusion and fulfilment of the rights of the child and fundamental freedoms, such as the right to education and the right to freedom of expression, Deeply concerned by risks of new and evolving forms of violence against children, child sexual abuse and exploitation, which are related to the use of information and communications technologies, and by cyber-bullying, Noting the precarious situation of the child in cases of online child sexual exploitation and abuse and the importance of a victim-centred approach when combatting online child sexual exploitation and abuse, as well as child-centred rehabilitation processes, Considering that it often takes minors
 who are victims of sexual abuse, either by direct or online exploitation, many years before they talk, if at all, about what they had gone through, and even longer before taking any legal steps, Mindful that, although girls seem to be the main victims of online child sexual exploitation and abuse, many boys are affected as well, and both must be approached differently in terms of prevention programmes and financing, Conscious that child exploitation is also a commercial act and may thus be driven by economic motivations, Noting that the fight against online child sexual exploitation and abuse is complicated by the increased access to the internet, fast-moving new technologies such as cryptocurrencies and Blockchain, with their untraceable nature in the commercial sale of child exploitation materials, the number of online platforms and apps, as well as anonymous features of platforms, which have made it harder to target perpetrators, Stressing the importance of cross-sector, multi-disciplinary and international collaboration in the strategy to combat online child sexual exploitation and abuse, and recognizing the existing work of organizations such as INTERPOL and the International Telecommunication Union, Underlining the corporate social responsibility that private sector information and communications technology companies must take for combatting, preventing and monitoring online child sexual exploitation and abuse, 1.
2.
Urges those parliaments that have not yet done so to consider ratifying the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; Urges parliaments to adopt specific, comprehensive and harmonized legal frameworks to introduce national online child sexual exploitation and abuse laws, considering the WeProtect Global Alliance’s Model National Response as the guiding model for legislation while maintaining protection of freedom of expression, to increase resources allocated to this work and to exchange among themselves good practices in this regard; 27 - 3 - 3.
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Underlines that such a legal framework should protect all children under the age of 18 regardless of a lower age of consent for sexual activity, and stipulate that a child cannot be considered as able to consent to engage in online child sexual exploitation and abuse, and should include provisions to avoid re-traumatization and re-victimization of victims throughout the investigative and judicial proceedings; Urges parliaments to ensure that the national legal framework includes complete definitions and criminalization of all forms of online sexual exploitation and abuse of children for financial gain, and of the production, possession, and distribution of child sexual abuse materials along with repeated access to websites containing such images; also, legislation must consider online sexual offences against children as an extraditable offence and must establish a legal basis for mutual legal assistance between States in respect of the investigation of online offences; Also urges parliaments to ensure that cross-border cooperation and coordination between law enforcement authorities is established to prevent known perpetrators from committing abuse in other countries, taking into account existing efforts involving INTERPOL, the International Telecommunication Union and other international organizations; Calls upon members of parliament to emphasize the need for rapid and effective international cooperation and law enforcement responses, such as removing hurdles preventing law enforcement agencies from sharing vital information, and to address the growing illegal usage of cryptocurrencies to trade in child sexual exploitation material; Emphasizes the importance of a strategic private sector commitment to cooperation with law enforcement agencies including in the reporting, prevention, detection, investigation, and prosecution of online child sexual exploitation and abuse offenders, and of strengthening and equipping law enforcement agencies and the justice system to ensure a child-friendly system, including specialized training in the detection and investigation of crimes against children, as well as specialized treatment, care and interview of child victims; Urges parliaments to ensure that technology companies commit to increase the transparency and accountability measures in the prevention, moderation, reporting and removal of online child sexual exploitation and abuse, including a safety by design approach; Also urges parliaments to develop thorough infrastructure, including trained medical professionals, to support victims of online child sexual exploitation, abuse and blackmail in their physical and psychological recovery and social integration, whilst ensuring a healthy and supportive reporting environment in their State, avoiding the re-victimization of girls, boys and adolescents who have been victims of online sexual exploitation and abuse, and ensuring sufficient financial and human resources for, inter alia, educational programmes that are also accessible to children with disabilities, hotlines for low-threshold reporting of suspected child sexual abuse material and victim helplines; 10.
Further urges parliaments to promote media literacy for children, parents and guardians to build knowledge and skills in using media and thus provide protection to children and young people; 11.

Urges parliaments to ensure that measures to prevent and combat online child sexual exploitation and abuse take into account the differentiated needs and experiences of children according to their age and sex, including by ensuring their participation in the development of such measures; 28 - 4 - 12.
Calls on the IPU to draft a model law for States and formalize, in the best interests of the child, clear legislation on combatting online child sexual exploitation and abuse, where children’s rights, education, voices, needs and security should take centre stage in any proceedings that affect their wellbeing; 13.
Also calls on the IPU to prepare a parliamentary guide that sets out clear working mechanisms for parliaments and to discuss legislation on combatting online exploitation and sexual abuse of children; moreover, the guide shall include oversight tools to monitor public policies on the protection of children and include specific mechanisms of action that are compatible with parliaments in different regions of the world; 14.
Recognizes the active role of men and boys as strategic partners and allies in changing norms and practices that motivate all forms of gender-based violence, including online child sexual exploitation and abuse; 15.
Requests parliaments to undertake to promote, by all means necessary, the need for professionals surrounding children to identify the violence committed against them, and to mobilize these professionals to this effect, namely by providing training to detect such violence and by making available resources for and advice on the transmission and reporting of such alarming information; 16.
Emphasizes that children should never be blamed for abuse and that victim blaming should be prevented by all possible means; 17.
Underlines the importance of the role of poverty, inequitable socio-economic structures, lack of education, gender discrimination, harmful traditional practices in online child sexual exploitation and abuse, and emphasizes the importance of the economic empowerment of women, and therefore calls for intensifying the international community’s efforts to combat poverty as an important entry point to combatting such crimes; 18.
Calls on parliaments to legislate that companies in the digital industry develop programmes and mechanisms to automatically identify and report any harmful content related to online child sexual exploitation and abuse and are obliged to detect and delete this content immediately; 19.
Also calls on parliaments to facilitate automated detection methods while ensuring respect for personal integrity, bearing in mind Article 16 of the Convention on the Rights of the Child on the right to privacy, and also Article 17 of the International Covenant on the Civil and Political Rights, which provides for the right to privacy and family; 20.
Calls on parliaments, law enforcement agencies, internet service providers and internet infrastructure officials, including the Internet Governance Forum, to unite and work together to establish a specific and effective mechanism that combats all malicious activities online; 21.
Emphasizes the need for sustained education focusing on digital culture change amongst youth for relevant policy makers, law enforcement agencies, education sector and staff working with children and youth, and the public, including both children and their parents; 22.
Invites the IPU to schedule periodic meetings and workshops with the UN Special Rapporteur on the sale and sexual exploitation of children and with other stakeholders and global activists in the fight against this phenomenon, emphasizing global initiatives for preventing and tackling the problem; and also invites parliaments to exchange, through IPU activities, information regarding good practices and successful experiences in combatting online child sexual exploitation and abuse.
29 12.1 IPU_Vaccine Equity in the fight against Covid-19_Item 7 12.2 IPU_Resolution on legislation worldwide to combat online sexual exploitation and abuse_Item 4 (c) Report of the 50th Plenary Assembly of the SADC-PF, 10 – 12 December 2021 30 Report of the 50th Plenary Assembly of the Southern African Development Community Parliamentary Forum: 10th -12th December 2021 1 31 1.
Introduction This report provides a summary of the outcomes of the virtual 50th plenary session held in the Kingdom of Lesotho from the 10th to 12th December 2021.

This session marked the golden jubilee since the establishment of the Southern African Development Plenary Forum.

The ongoing circumstances of COVID 19 compelled these sessions to be organized on a virtual basis.

The proceedings were organized under the theme; (Celebrating a New Era Towards Consolidating the Voice of Parliament in the SADC).
The Parliament of the Republic of South Africa was represented by the Speaker of the National Assembly, Her Excellency Hon.

Nosiviwe Mapisa Nqakula, MP as the leader of the delegation who was sworn-in as the SADC-PF member of the South African delegation.

2.

Key Messages of Solidarity The proceedings were officially opened by the introduction and welcoming note from the Assistant Regional Secretary introducing the credentials and outlining the programme of the Plenary session.
In her welcoming remarks, the Assistant d Secretary alluded to the centrality of SADC-PF in facilitating the imperatives that come with the advancement of parliamentary diplomacy since its inception.

She further reflected on the contradictions posed by the COVID 19 which led to continue to keep Members apart.

Technology has however made it possible circumvent and complement government efforts to ensure that the mandate of the Forum is delivered and its impact is realised.
Parliamentarians continue to represent the aspirations of the people and thereby create the legislative environment.

The transformation of the SADC-PF into a regional body brings to the fore successive developments which amongst include the operations like a Parliament and the development of Model laws to foster regional integration.
This enables the Forum to recognise and conduct oversight over regional economies and 2 32 compliment the implementation of Agenda 2063 and African Continental Free Trade Agreement.

• Regional Women’s Parliamentary Caucus: The Chairperson of Regional Caucus acknowledged the mandate of the Forum to help enhance dialogue on issues of common interests and ensuring gender equality.

Recognise the role of women and ensure gender mainstreaming and consultation in its programmes.
These include protection of children from early marriages and develop instruments and Protocols to transform livelihoods particularly gender.

• President of the SADC-PF: The president of the SADC-PF reflected on the achievements of Forum, which include the rooting of democracy and the culture of human rights in the SADC region, Creation of Regional Model laws and advancement of accountability and integration of the people.
• President of Lesotho, His Excellency Dr Moeketsi Majoro: Key amongst the highlights was the fact that the 50th Plenary Assembly coincided with the commemoration of the United Nations, Human Rights as provided for the Universal Declaration of Human Rights.

He also noted that COVID 19 and gender-based violence continue to infringe on peoples freedoms.

To this end, the President reiterated the message for the need to ensure access to vaccines and fight gender-based violence.
• Utilise Model Laws as powerful benchmarks and their influence on domestic laws and align domestication with this instrument • Call for the ratification of SADC Protocol and strengthen parliamentary 3.

PLENARY ASSEMBLY SYMPOSIUM The symposium provided an opportunity for the session to debate on the main theme.
This in the main provided space for eminent person which included former Speaker of Zambia, Hon Mwanawamba, and former Secretary General to make imputes and reflect on the road travelled since the formation of SADC-PF.

Key amongst the pertinent issues included the following; • The need to amend the SADC Treaty to allow SADC-PF to be an organ of the SADC Secretariat, Summit and Heads of State 3 33 • Removal of Visas and promoting of Free Movement of people and goods to foster regional integration.
• Development of the Strategic Plan • Deepen Democratisation through Election Observer Mission • Build Capacity of SADC-PF • Promote gender equality and advocacy • Integration on issues such as cross-border trade • Strengthen oversight and representation over the implementation of model laws • Involvement of women in decision making • Strike a link between elections and accountable governance • Strengthen the capacity of national parliaments and citizen engagements • Introduction of a legal framework with gender quorters and invest in eradicating the mindset of patriarchy through gender sensitisation workshops 4.
Administration of Oath for New Members and Presentation of Motions Day two of the Session began with administration of oath for new Members.

This included the swearing-in of the Speaker of the National Assembly, Hon Nosiviwe Mapisa-Nqakula.

Following this process, the Speaker was afforded an opportunity to convey the message of solidary to the plenary.
Speaker message called for the completion of transformation to allow SADC-PF to have full legislative powers and further ratify the Treaty of SADC to allow the forum to be an organ of SADC Secretariat.

4.1 Motions Presented at Plenary: Monitoring of Gender-Based Violence Model Laws The Chairperson of Regional Women’s Caucus presented the motion in which she acknowledged gender-based violence as the major concern and an impediment to development.
To this end, it was reiterated that there is a need for domestication of the principles contained in the model law define the gender- based violence in line with the United Nation Women.

4 34 4.1.2 Motion to Propose to Honour Dr Kenneth Kaunda with a Nobel Peace Prize This motion sought to recognise the role played by the late Dr Kenneth Kaunda as the father of the Frontline State and his contribution as a true liberator in the African continent.
His dimension extends beyond the borders of Africa as a world leader for freedom that contributed in the decolonisation of the African Continent.

5.
Presentation of the Reports of the Standing Committees: Report on Trade and Industry Committee Following deliberations on the content of the Committee reports, the following recommendations were tabled for the adoption of the plenary; • There is a need to combat the ongoing challenge Illicit financial flows • The growing population with unique rate in the region presents a unique opportunity for economic zones • Urge SADC Parliamentarians to familiarise themselves with investments policies, regulatory and institutional frameworks as well as adequately provide oversight on matters of domestic investment and Foreign Direct Investments.
• Urge National Parliaments to play an active role in facilitating the ratification process of the Agreement on operationalisation of the SADC Regional Development Fund.

• Resolve that the SADC Parliamentary Forum in collaboration with national parliaments should consider facilitating capacity building programmes to strengthen the capacity of parliamentarians on issues relating to trade and investment and the SADC Investments framework.
Report of the Standing Committee on Food, Agriculture and Natural Resources The Members of the Standing Committee tabled the report summarising presentation relating to uneven distribution of water resources in the region and climate change impact in the region.

It further reflected on coping up increased demands for water compare to supply.
The committee presented following the 5 35 • Implore SADC Member States to lobby respective government to provide the necessary support to undertake research in order to ascertain the potential of groundwater in the region • Encourage Member States to harmonise respective national policies, strategies and legislation on water so that they could be in tandem with the integrated water resource management.
• Call on SADC Parliaments to build the capacity of Members of Parliament to enable them effectively interrogate new and emerging challenges such as climate change, the COVID 19 pandemic, gender and social inequalities, all of which impacted water resource management.

Presentation of the Report of the Standing Committee on Democratisation, Governance and Human Rights The Committee deliberated on the role of Parliament protecting and Promoting Constitutionalism and the Rule of Law.
The following recommendations were tabled to the plenary for adoption; • Reiterated that the development of the Model Law on the Role of Parliament in promoting and protecting constitutionalism will no undermine the sovereignty of Member States.
• Reaffirmed the central role of national parliaments play in the rule of law and protecting constitutionalism • Commended SADC for deploying its Stand-bye Force- SADC Mission in Mozambique to quell the terrorism threats • Urged SADC to ensure implementation of a long-term strategy towards durable peace and strengthen mediation support capabilities, conflict situation to enable the region to fulfil the regional integration agenda espoused in the agenda 2050 vision and the RISDP.
Presentation of the Report on Gender Equality, Women Advancement and Youth Development The Committee presented highlights on recent trends and emerging forms of gender-based violence in the SADC Region countries.
The following recommendations were tabled for adoption by the plenary; 6 36 • Implore Members States to create an enabling policy and legal frameworks, resource environment and National Action Plans for the elimination of violence against women and girls • Urge Member States to integrate violence prevention and support into all COVID 19 emergency response planning and allocate and allocate sufficient suppliers for this purpose.
• Appeal to SADC governments to adopt a holistic approach to ending gender-based violence including implementing well-resourced national strategies.
Consideration of the Executive Report by the Human, Social and Special Programmes Committee Following the deliberations on the presentations, the following key recommendations were table to the plenary for adoption; • Urge ESA countries to include education, especially girl’s completion of secondary education as part of the national strategy for HIV prevention.
• Reiterate that in the wake of COVID 19 crisis, the ESA countries should ensure that adolescence and young people were provided with good quality, age-appropriate, respectful sexual and reproductive health information and rights-based youth friendly healthy services.
• Ensure that countries take steps to harness the demographic dividend resulting from growth in youth population of adolescence and young people to invest in in the health, education, employment, livelihood, skills, active and effective engagement of young people because these investments would not only benefit the adolescent and the youth but also propel the region to achieve the Agenda 2063.

6.
Conclusion The President of the SADC-PF, who is also the Speaker of the Parliament of the Democratic Republic of Congo concluded the proceedings with his closing remarks appreciating the role of the Forum played throughout the sessions, particularly the content delivered at Committee reports which adopted resolutions that will go a long way in bringing about effectiveness of the SADC-PF in 7 37 conducting oversight over the implementation and domestication of the Regional model laws, fostering integration through a transformed SADC-PF.
8 38 RESOLUTIONS BY THE SADC PARLIAMENTARY FORUM 50TH PLENARY ASSEMBLY SESSION HOSTED VIRTUALLY BY THE PARLIAMENT OF THE KINGDOM OF LESOTHO FROM 10TH TO 12TH DECEMBER 2021 Page 1 of 17 39 PREAMBLE The SADC Parliamentary Forum 50th Plenary Assembly Session was held from 10th to 12th December 2021, virtually, under the theme “Celebrating a New Era the Vibrant Voices of SADC of Democracy Towards Consolidating Parliamentarians.” In accordance with its constitutive mandate, the 50th Plenary Assembly deliberated and made resolutions on various issues of regional importance and concern which were contained in various reports tabled by respective organs, namely the Executive Committee (EXCO), Standing Committees, Regional Women’s Parliamentary Caucus (RWPC) and the Regional Parliamentary Model Laws Oversight Committee (RPMLOC), as well as statements delivered during the Plenary Assembly.
SADC PF has five Standing Committees which focus on SADC sectoral areas as follows: i) Democratisation, Governance and Human Rights; ii) Human and Social Development and Special Programmes; iii) Gender Equality, Women Advancement and Youth Development; iv) Trade, Industry, Finance and Investment; and v) Food, Agriculture and Natural Resources.
Pursuant to Rule 6(3) of the SADC PF Rules of Procedure, Plenary Assembly resolutions are to be “submitted to the SADC Secretariat and to relevant National Ministries through National Parliaments.” Page 2 of 17 40 RESOLUTIONS ON THE SYMPOSIUM ON THE THEME: “CELEBRATING A NEW ERA OF DEMOCRACY TOWARDS CONSOLIDATING THE VIBRANT VOICES OF SADC PARLIAMENTARIANS” (SADCPF50PA-Res 001/12/2021) The SADC Parliamentary Forum, REITERATING the critical role of Parliamentarians in building vibrant and sustainable democracies in Southern Africa and the need for sustained capacity building programmes for SADC Parliamentarians and parliamentary staff in order to enhance the work of the Parliaments.
DEEPLY CONCERNED by the failure by some SADC Members States to attain the 50:50 gender parity in political decision-making positions, specifically the diminishing numbers of women in national Parliaments.

STRESSING that SADC countries need to take affirmative action to promote the equal representation and participation of women in decision-making structures in the region.
CONCERNED by the perpetual failure by the SADC PF to deploy election observation missions to observe inter alia, the performance of Member States on gender equality in elections on a consistent basis.

The SADC Parliamentary Forum therefore: a) CALLS UPON SADC Members States to devise measures to promote the inclusion of more women in decision-making positions in order to reach the 50:50 gender parity.
b) CALLS on National Parliaments of Members States to enact legislation to compel political parties to have gender quotas for parliamentary seats and to allocate funds in national budgets for women empowerment.

c) IMPLORES National Parliaments to continue prioritising the provision of tailor-made capacity development programmes for Members of Parliament and staff of Parliaments.
d) URGES Member Parliaments to ensure mobilisation of adequate financial resources for the participation of their Members in SADC PF Election Observation Missions in order to enhance democracy and good governance in the SADC region.

e) COMMENDS the SADC Summit of Heads of State and Government for the decision to transform SADC PF into a SADC Parliament and urges all SADC Members States to continue to offer unwavering support to the transformation process.
Page 3 of 17 41 RESOLUTIONS ON THE ADOPTION OF THE SADC MODEL LAW ON GENDER-BASED VIOLENCE SADCPF50PA-Res 002/12/21) The SADC PF Plenary Assembly, ALARMED by the prevalence of gender-based violence (GBV) across the SADC region which disproportionately affects women and children.

CONCERNED by the lack of harmonised legislation on preventing and mitigating GBV in SADC Member States.
WELCOMING the various efforts by SADC to deal with GBV, including initiatives such as the SADC Protocol on Gender and Development (1997, 2016); the Regional Strategy and Framework of Action for Addressing GBV (2018-2030); the Regional Strategy on Women, Peace and Security (2018-2022); the SADC SRHR Strategy for 2030, and the SDG targets related to SDG 5.1.
REITERATING the need to evaluate the effectiveness of current regional and national strategies on combating GBV with a view to improve GBV prevention and mitigation interventions.

ACKNOWLEDGING the importance of developing the SADC Model Law on Gender-Based Violence in order to provide effective and efficacious legislative and institutional frameworks for preventing and mitigating GBV in SADC Member States.
REITERATING the importance of the SADC GBV Model Law as a non-binding tool, in providing general principles for adoption and adaptation by Member States based on their specific contexts.

The SADC PF Plenary Assembly therefore: a) URGES all Member States to adopt and adapt the SADC Model Law on Gender Based Violence to ensure harmonised legal frameworks and integrated approaches to the prevention and mitigation of GBV and speedy domestication of the principles espoused in this Model Law.
b) CALLS on Member States to enact and ensure enforcement of legislation that prohibits all forms of GBV.

c) CALLS UPON Members States to review and reform national criminal laws and procedures applicable to cases of sexual offences and GBV.

d) APPEALS to SADC Member States to enact and adopt specific legislative provisions to prevent human trafficking and provide holistic services to victims, with the aim of re-integrating them into society.
Page 4 of 17 42 RESOLUTIONS ON ENHANCING THE ROLE OF PARLIAMENT IN PROMOTING DOMESTIC AND FOREIGN DIRECT INVESTMENT (SADCPF50PA-Res 003/12/21) The SADC Parliamentary Forum, COGNISANT that the Standing Committee on Trade, Industry, Finance and Investment (TIFI) had received and considered presentations from subject experts from the SADC Secretariat, Investment Promotion Agencies of selected SADC Member States and independent experts.
AWARE that the measures that most countries had employed to contain the COVID-19 Pandemic had regressed investment and disrupted economic activities.

COGNISANT that the SADC Vision 2050 was built on a firm foundation of peace, security and good governance.
ACKNOWLEDGING that the SADC Protocol on Finance and Investment (as amended on 31st August 2016) constituted an important instrument that governed investment in the Region, alongside the SADC Regional Development Fund (RDF), whose overall purpose was to create a regional financing mechanism for economic development and sustainable growth in SADC.
ALARMED that no SADC Member State had ratified and deposited instruments of ratification of the Agreement to operationalise the Regional Development Fund with the SADC Secretariat, despite a total of nine Member States having signed the Agreement.

SERIOUSLY CONCERNED that the slow implementation of the regional investment policy framework by Member States, among others, was among the major obstacles to achieving greater levels of investment at regional level.
WELCOMING the critical role of the SADC Secretariat in providing technical support to national Investment Promotion Agencies (IPAs) to domesticate the investment framework.

ALARMED by the shocking prevalence of corruption and the massive rate at which the SADC Region was losing resources due to illicit financial flows.
STRESSING that while Special Economic Zones (SEZ) were an enabler of investment returns, domestic investors were not benefitting from equal opportunities with foreign investors in these enclaves.

OBSERVING that governments tended to sign investment agreements and contracts in the absence of public scrutiny and without due diligence.
Page 5 of 17 43 NOTING that non-tariff barriers, high transportation costs, a mismatch between the available skills and industry requirements, policy inconsistency and limited land access were the major obstacles to attracting and enhancing investment in the region.

The SADC Parliamentary Forum Plenary Assembly therefore: a) CALLS on Members States to work vigorously to contain the effects of the COVID-19 pandemic and implement investment policy responses in order to register meaningful investment returns.
b) ENCOURAGES SADC Parliamentarians to familiarise themselves with investment policies, regulatory and institutional frameworks as well as various incentives available in the region and at national level in order to adequately provide oversight on matters of domestic investment and FDI.
c) URGES SADC Member States to domesticate international investment agreements and the SADC Investment Policy Framework and to harmonise investment international and regional framework in order to enhance the flow of FDI, especially intra-SADC FDI.

frameworks with the national d) URGES SADC Members States to participate in global investment promotion events in order to promote the SADC region as a preferred investment destination.
e) URGES national Parliaments to play an active role in facilitating the ratification process of the Agreement on the Operationalisation of the SADC Regional Development Fund, and Member States to deposit the instruments of ratification in order for the Fund to facilitate mobilisation of meaningful resources to support regional value chains, mineral beneficiation and other industrial projects in the Region.
f) CALLS on SADC countries to leverage on available opportunities through trade agreements to which the Region is party and strengthen diplomatic relations among SADC countries to boost intra-regional investment and optimise the potential benefits of intra-regional investment.

g) ENCOURAGES Member States to eliminate non-tariff barriers to trade in order to facilitate free movement of goods and services, in addition to movement of individuals, especially within the Region.
h) STRONGLY URGES SADC Parliamentarians, in collaboration with the civil society, to advocate for foreign investment that prioritises the interests of the people and recognized participation of the local investors.

i) RECOMMENDS a collaborative approach among SADC Parliamentarians, the civil society and the media in scrutinising investment agreements in order to ensure that contract terms were designed to create opportunities for sustainable and pro-people development.
Page 6 of 17 44 j) URGES SADC governments to take drastic measures to eradicate corruption, which has a corrosive impact on business operations and investment, in order to provide a fair environment for competition by all investors and boost investor confidence.

k) URGES Parliamentarians to probe governments to put in place investment incentives for local investors to stimulate domestic investments, especially in the tourism and energy sectors.
l) RESOLVES to collaborate with national Parliaments, to facilitate capacity building programmes to strengthen the capacity of Parliamentarians on issues relating to trade and investment and the SADC investment framework.

m) URGES Member States to establish one-stop investment shops to provide both local and foreign investors with fast, efficient and business friendly services, especially at start up stage.
n) URGES Member States to embrace SEZs as a key investment promotion tool in a bid to accelerate diversification and export expansion and to regularly assess their performance and economic impact so as to ensure that they remained relevant to both local and international investors.
Page 7 of 17 45 RESOLUTIONS ON THE ROLE OF PARLIAMENT IN WATER RESOURCE MANAGEMENT IN THE SADC REGION (SADCPF50PA-Res 004/12/21) The SADC Parliamentary Forum, COGNISANT that the Standing Committee on Food, Agriculture and Natural Resources (FANR) had received and considered presentations from subject experts from the SADC Secretariat, World Wide Fund for Nature and the Global Water Partnership, Southern Africa.
AWARE that the potential of the region’s groundwater resources was not fully understood, thereby posing a great challenge to effective planning.

NOTING that the SADC region’s water challenges were becoming complex and were affecting key sectors such as energy, agriculture, tourism, transportation and communication, among others.

COGNISANT that the transboundary nature of the region’s basins presented a challenge to effectively manage water resources.
CONCERNED that failure by Member States to coordinate water related developmental activities would negatively affect availability and access to the region’s water resources.

DEEPLY CONCERNED at the low investments being channelled towards water infrastructure, with the continent’s water investment, for instance, standing at US$10 billion to US$19 billion per year, far below the envisaged threshold of US$64 billion per year.
REITERATING the need to continuously build the capacity of SADC Parliamentarians in order for them to effectively interrogate current and emerging water challenges.

SADC PF Plenary Assembly therefore: a) IMPLORES SADC Member States to undertake research to ascertain the potential of groundwater in the region to enable effective planning and sustainable management of water.
b) URGES SADC Member States to embrace and support the implementation of the Water, Energy and Food Nexus (WEF) Programme being spearheaded by the SADC Secretariat and cooperating partners, as part of the efforts to adopt a multisectoral approach to dealing with the problems of water in the region.

c) ENCOURAGES SADC Member States to adopt an integrated and basin-wide approach to development.
Page 8 of 17 46 d) CALLS on SADC Members States to harmonise respective national policies, strategies and legislation in order to align them to the principles of integrated water resource management.

e) URGES SADC Parliamentarians law making, representative and oversight roles and utilise these to raise awareness on the challenges that beset water management in the region and to come up with relevant solutions.
to strengthen their f) URGES SADC Parliaments to consider increasing budgetary allocations towards the water sector to promote investments that can guarantee a water secure region.

g) CALLS on National Parliaments to ensure that Parliamentarians are adequately capacitated to effectively interrogate current and emerging challenges such as climate change, the COVID 19 pandemic, gender and social inequalities, all of which impact water resource management.
Page 9 of 17 47 RESOLUTIONS ON ENHANCING PARLIAMENTS’ RESPONSE TOWARDS THE PREVENTION AND ELIMINATION OF VIOLENCE AGAINST WOMEN AND GIRLS DURING PANDEMICS (SADCPF50PA-Res 005/12/21) The SADC PF Plenary Assembly, COGNISANT that the Standing Committee on Gender Equality, Women Advancement and Youth Development had received and considered presentations from subject experts on “Enhancing Parliaments’ Response in the Prevention and Elimination of Violence against Women and Girls during Pandemics.” DEEPLY CONCERNED that since the outbreak of the COVID-19 pandemic, a surge in several types of violence against women and girls had been experienced and that the pandemic had a disproportionate impact on women and girls’ socio- economic welfare which threatened to reverse the hard-won gains in advancing gender equality and women's empowerment.
WELCOMING the adoption of the SADC Model Law on Gender-Based Violence by the 50th Plenary Assembly which would trigger policy and law reforms towards the progressive tackling of GBV.

The SADC PF Plenary Assembly therefore: a) URGES Member States to integrate violence prevention and support into all COVID-19 emergency response planning and allocate sufficient supplies and resources for this purpose.
b) IMPLORES all Member States to create an enabling policy and legal framework, resource environments, and National Action Plans for the elimination of violence against women and girls.

c) URGES Member States to adapt and scale up evidence-driven prevention programming such as comprehensive, accessible, and quality services for survivors of gender-based violence.
d) URGES the adaptation and scaling-up of services such as shelters, safe spaces, and essential housing along with psycho-social support and advice for individuals experiencing or at risk of gender-based violence.

e) ENCOURAGES Member States to create an enabling and empowering environment for autonomous girl-led and women’s rights organisations to exercise their expertise in addressing gender-based violence, and to prioritise women’s involvement in the parliamentary response to COVID-19.
f) CALLS on Member States to strengthen information and knowledge platforms for sharing of lessons and good practices.

Page 10 of 17 48 g) APPLAUDS Member States whose traditional leaders had been influential in sensitising communities on negative traditions and cultural norms that exacerbate gender-based violence and have contributed to develop laws to ban harmful traditional practices such as child marriage and spouse inheritance.
Page 11 of 17 49 RESOLUTIONS ON THE ROLE OF PARLIAMENTARIANS IN ADVANCING ACCOUNTABILITY ON THE CONSISTENCY, BUDGETING, AND IMPLEMENTATION OF COMPREHENSIVE SEXUALITY EDUCATION (CSE) PROGRAMMES IN THE SADC MEMBER STATES (SADCPF50PA-Res 006/12/21) The SADC PF Plenary Assembly, CONGNISANT that the Standing Committee on Human and Social Development and Special Programmes had received and considered presentations from various subject experts on the ESA Commitment, which raised awareness in EAC and SADC regarding the fundamental importance of improving adolescent and youth sexual and reproductive health in the sub-region as an economic priority.
AWARE that the 2020 evaluation of the Eastern and Southern Africa (ESA) Commitment sought to document the journey travelled by the 20 ESA Commitment countries, as well as to explore opportunities to sustain the Commitment’s momentum while generating knowledge and evidence to inform the extension of the ESA Commitment to 2030 in line with Agenda 2030.
CONCERNED that the ESA Commitment targets had not been achieved due to a range of factors such as lack of financial resources at country level, which was exacerbated by the outbreak of the COVID-19 pandemic.
NOTING that the levels of national ownership of the ESA Commitment by governments were mixed across the region and that significant policy and legal changes were achieved across most areas but dissemination, implementation or enforcement remained limited at sub national levels, among service providers and local decision makers.
ACKNOWLEDGING that the Commitment was multisectoral and involved the sectors of education, health, gender and youth and emphasised education for all, especially girls’ education and that the Commitment was aligned with other regional policies.
The SADC PF Plenary Assembly therefore: a) URGES SADC Member States to include education, especially girls’ completion of secondary education as part of the national strategy for HIV prevention because available evidence confirmed that girls and their communities and countries could reap multiple social and economic benefits from this action.
b) IMPLORES SADC Member States to ensure that the education, youth and health sectors worked in collaboration with other key line ministries such as gender, labour, and social welfare in promoting education, good health Page 12 of 17 50 and well-being of all adolescents and young people with the aim of increasing access to services, including treatment and care.
c) ENCOURAGES SADC Member States to accelerate investments aimed at establishing systems to support adolescents and young people with the right information and skills to make safe and healthy decisions about their bodies, their lives, their present and future.
d) URGES SADC Member States to ensure that adolescents and young people were provided with good quality, age-appropriate, respectful sexual and reproductive health information and rights-based youth friendly health services, including self-care, digital and non-digital technology solutions to outreach all young people with a focus on marginalised adolescents and youth including girls and young women, especially in view of the COVID-19 crisis.
e) URGES SADC Member States to domesticate regional and continental commitments on SRHR, HIV and gender equality into national laws, policies and programmes, with particular emphasis on the age of consent of adolescents to access integrated SRH services and information and its implementation.
f) CALLS on SADC Member States to strengthen social protection systems with an emphasis on legal reform; and promote the development of programmes aimed at strengthening norms and standards in order to eliminate discrimination based on gender, age, socio-economic status, HIV status, disabilities, being pregnant or a young mother.
g) APPEALS to SADC Member States to take steps to strengthen community engagement and dialogue with parents, traditional and religious leaders on the consequences of early and unintended pregnancy, GBV and harmful practices such as child marriage and female genital mutilation.
Page 13 of 17 51 RESOLUTIONS ON THE ROLE OF PARLIAMENTS IN PROMOTING AND PROTECTING CONSTITUTIONALISM AND THE RULE OF LAW IN THE SADC REGION (SADCPF50PA-Res 007/12/21) AFFIRMING the central role that National Parliaments played in upholding the rule of law and protecting constitutionalism through reviewing, debating and enacting legislation; and scrutinising government actions and holding the government accountable.
REITERATING that Model Laws were useful to modern states in various ways, including setting of best practice and benchmarking, since most of the standards contained therein had a universal bearing and provided a cheaper and optimum way of accessing technical capacity.
EMPHASISING that the development of the Model Law on the Role of Parliament in Promoting and Protecting Constitutionalism would not interfere with or undermine the sovereignty or internal processes of Member States since Model Laws were not binding on Member States and countries had the liberty to choose the elements of the Model Law that would be applicable to their respective contexts.
The SADC PF Plenary Assembly therefore: RESOLVES that the Standing Committee on Democratisation, Governance and Human Rights, in consultation with stakeholders, should commence the process of developing a SADC Model Law on the Role of Parliament in Promoting and Protecting Constitutionalism to assist Member States to comply with their regional commitments and obligations regarding constitutionalism and the rule of law.
Page 14 of 17 52 RESOLUTIONS ON STRENGTHENING PARLIAMENT’S ROLE IN CONFLICT PREVENTION AND MANAGEMENT IN THE SADC REGION (SADCPF50PA-Res 008/12/21) COMMENDING SADC for deploying its Standby Force – the SADC Mission in Mozambique (SAMIM) – to quell the terrorism threats in Cabo Delgado and for deploying Force Intervention Brigade (FIB), in support of the United Nations Organisation Stabilisation Mission (MONUSCO), to counter the negative forces in the Democratic Republic of Congo (DRC).
FURTHER COMMENDING SADC for implementing various initiatives aimed at ensuring that the region continued to enjoy sustained peace and security and that Member States were politically stable.

REITERATING the importance of establishing Infrastructure for Peace (I4P) in local communities of Member States by ensuring the establishment of effective institutions, processes, policies, and constructive relationships that could contribute to peace building.
APPLAUDING SADC Member States for having established different Peace Infrastructures, including local peace committees; national peace platforms; government departments or ministries that supported and developed strategies for peace building; conflict analysis and early warning and response systems; development of conflict management skills including through insider mediators; as well as policies and initiatives that promoted a shared culture of peace.
WELCOMING the approval of the transformation of the SADC PF into a SADC Parliament by the SADC Summit on 17th August 2021 in Malawi, as this would pave way for enhanced collaboration between SADC PF and other SADC institutions in strengthening the region’s capacity to sustain peace and prevent or manage conflicts and consolidate democracy.
REAFFIRMING the importance of Parliaments as I4P since they served not only as platforms for dialogue, unity and reconciliation, but also as vital instruments for conflict prevention and resolution.

REITERATING the centrality of SADC PF as a vital component of SADC’s regional I4P since it is a representative institution for the SADC citizenry and therefore, a valid interlocutor for the political and security needs and aspirations of the public and a symbol of political diversity.
NOTING that the pioneering and leadership role played by the Forum in election observation missions and its active promotion of electoral standards such as those contained in the SADC Model Law on Elections had helped to mitigate the risks of electoral related conflicts.

Page 15 of 17 53 RECALLING that the deployment of a delegation by the Forum to Venezuela for election observation mission in November 2021 had contributed to the promotion of peaceful elections in that jurisdiction.
The SADC PF Plenary Assembly therefore: a) URGES SADC to ensure the implementation of a long-term strategy towards durable peace including strengthening Member States’ mediation-support capabilities, conflict prevention and preventative diplomacy mechanisms, and bolstering the national I4P.
b) IMPLORES SADC to strengthen its preparedness for pro–active responses to conflict situations to enable the region to fulfil the regional integration agenda espoused in the SADC 2050 vision and the RISDP 2020-2030. c) ENCOURAGES the SADC Secretariat to engage the Forum and national Parliaments during the mapping exercise for regional and national I4P to establish a baseline regarding their human, technical and financial capacities and gaps in peace building, conflict prevention and resolution.
d) RESOLVES to consider building upon its current portfolio on the role of Parliament in conflict prevention and management by deepening perspectives on the following critical issues: (i) Empowering national Parliaments as actors in conflict prevention, mediation, and post-conflict recovery.

(ii) Promoting the involvement of national Parliaments in conflict prevention and the silencing of guns.
(iii) Enhancing the legislative and oversight capacity of national Parliaments to prevent and manage conflicts and/or electoral violence.

(iv) Strengthening collaboration with civil society organisations to respond to the challenges of GBV in the region.

lessons (v) Sharing knowledge and benchmarking.


learnt for peer learning and (vi) Facilitating the participation of Parliaments in mediation and conflict analysis skills through training offered by the SADC Secretariat and other organisations, in order to strengthen support to mediation processes in the region.
e) RESOLVES to sensitise citizens and their representatives regarding regional protocols related to the prevention, combating and eradication of the illicit manufacturing of firearms, ammunition and other related materials which are linked to drug trafficking, terrorism, transnational organised crime, mercenary and other violent criminal activities.
f) RESOLVES to develop a regional Model Law on the Control of Small Arms and Light Weapons (SALW) to assist Member States in combating the proliferation of small arms and ammunition in SADC and promote best Page 16 of 17 54 practices and standards to control the circulation and trafficking of firearms, ammunitions and related materials.
g) URGES SADC to prioritise building a critical mass of cross-sectoral mediators, conflict analysts and facilitators at national and regional levels to strengthen the region’s peace and security architecture in the long term.
h) REITERATES the need for various regional parliamentary bodies, including itself, to devise strategies to enhance the role of Parliamentarians in conflict resolution against the history of a dominant role by the Executive and civil society, to the exclusion of Parliamentarians, through deploying information sharing and goodwill missions to the countries affected by conflicts or even tensions.
i) COMMENDS SADC Member States for being active promoters of peace through the demonstration of peaceful elections witnessed and recorded in the SADC Region.

Page 17 of 17 55 ADVISORY NOTE: PROCESSING OF THE RESOLUTIONS OF THE 50 TH SADC PARLIAMENTARY FORUM (SADC-PF) PLENARY ASSEMBLY 3 February 2022 1.
The SADC Parliamentary Forum 50th Plenary Assembly Session was virtually held from 10th to 12th December 2021 under the theme “Celebrating a New Era of Democracy Towards Consolidating the Vibrant Voices of SADC Parliamentarians.” 2.
In accordance with its constitutive mandate, the 50th Plenary Assembly deliberated and made resolutions on various issues of regional importance and concern which were contained in various reports tabled by respective organs, namely the Executive Committee (EXCO), Standing Committees, Regional Women’s Parliamentary Caucus (RWPC) and the Regional Parliamentary Model Laws Oversight Committee (RPMLOC), as well as statements delivered during the Plenary Assembly.

3.
3.

The attached Resolutions of the 50th SADC-PF Plenary Assembly has been transmitted to Parliament for further processing.
In line with the Forum’s Rule of Procedure 6(3), the Resolutions “shall be submitted to the SADC Secretariat and the relevant National Ministries through National Parliaments.” Member Parliaments are therefore requested to (a) review the Resolutions, (b) submit these to the relevant Ministries for action, and (c) track their implementation for purposes of reporting to SADC-PF in accordance with established practice.

4.

The Resolutions cover different policy areas, some which are intersectoral.

5.
5.

In this light, the PGIR co-chairpersons are advised to; a.

Submit the Resolutions of the 50th SADC-PF Plenary Assembly to the Presiding Officers of both Houses for their consideration; b.

Recommend to the Speaker of the National Assembly, as the Leader of Delegation to the SADC-PF, to share the Resolutions of the 50th SADC-PF Plenary Assembly with the Minister of International Relations and Cooperation for consideration.
The Office of the Speaker is advised to do this via the Parliamentary Liaison Officer of DIRCO; c. Recommend to the House Chairpersons: Committees that the Resolutions be communicated to the corresponding parliamentary committees and/or parliamentary structures for consideration; d. Table the Resolutions in the ATC for record and tracking purposes; 1 56 13.1 SADC-PF Resolutions by the 50th Plenary Assemby_10-12 December 2021 13.2 SADC-PF 50th Resolutions PGIR Advisory Note COMMITTEE REPORTS National Assembly 57 1.
Report of the Portfolio Committee on Public Enterprises on the Oversight Visit to Transnet Port of Durban, dated 23 March 2022 1.

Introduction The Portfolio Committee on Public Enterprises (the Committee) undertook an oversight visit to the Transnet Port of Durban, Transnet Engineering and Transnet Pipelines from the 3 – 4 February 2022.
The main purpose of the visit to the Port of Durban was to: assess progress that has been made in the expansion of the port, the impact of corporatisation of the port, challenges and efficiencies of the port.

The Committee met with the executive management of Transnet led by the Group Chief Executive Officer, Ms Portia Derby.

The Committee visited Transnet Engineering (TE) and Transnet Pipelines (TPL).
The Committee also met with organised labour, representatives of the KwaZulu-Natal Department of Economic Development and Tourism and the City of Ethekwini.

1.1 Delegation The Committee delegation included the following members: Mr K Magaxa (Chairperson of the Committee, ANC), Ms J Tshabalala (ANC), Ms J Mkhwanazi (ANC), Mr N Dlamini (ANC), Ms C Phiri (ANC), Mr G Cachalia (DA), Ms R Komane (EFF) and Mr Buthelezi (IFP).
The delegation was accompanied by the following parliamentary officials: Mr D Mocumi (Committee Secretary), Mr M Dodo (Committee Assistant) and Mr R Mnisi (Content Advisor).

2.

Overview of the Port of Durban The Port of Durban is ranked 1st in Sub-Saharan Africa, 3rd in Africa 4th in Southern Hemisphere in terms of container through-put.

It is the busiest port in Africa in terms of vessel calls (+4000pa).

The Transnet National Ports Authority (TNPA) owns the land of the port and terminals.
The Transnet Port Terminals operates the terminals; it operates the container handling, and bulk container terminals.

The customers of Transnet include terminal operators; shipping lines; ship agents; 1 58 cargo owners; and clearing and forwarding industry.

The Port contributes 20% to Durban GDP, 11% to KZN GDP and 2% to South African GDP.

In terms of employment, it directly employs 1183, Indirect 50,000 and Projects 37,200.
2.1 Operational challenges of the Port Challenge Intervention Progress to date Berthing A capital investment Programme is TNPA deployed resources to Delays as underway to address challenges.

▪ focus on capital investment result of high Interim Measure: Introduction of plan.

marine craft chartered marine fleet contract.

Business Case is going breakdowns (Tugs, Pilot Boats, Launches) through corporate governance approval structures.
Old Ship Revitalization of Dry-Dock & Expediting Operation Phakisa Repair Workshop 24 to improve service Initiatives Facilities level agreement and Infrastructure Maydon A MW (Maydon Wharf) Progress tracked on daily Wharf decongesting Stream has been operations platform and bi- Congestion established as a subcommittee of the weekly on Decongestion Task Decongestion Task Team.
▪ Maydon Team ▪ Port of Durban Road Deproclamation: TNPA in awaiting eThekwini collaboration with eThekwini Municipality Counsel Municipality to transfer Maydon approval on the Wharf Road to Port of Durban Deproclamation process Declining T/O Technical department has done Deviations tracked on daily levels of root cause analysis and they are operations meetings operational engaging OEM to deal with efficiencies at equipment challenges Container Terminals.
2 59 Island View Re–installation of infrastructure at TNPA working with T/O who T/O SWH berths to improve tanker vessel are reinstalling infrastructure pump rates whilst alongside (IV5), to allow simultaneous discharge of 3 vessels at different berths (IV4) and improve discharge rate to decrease vessel stay on the berth (IV2) Automotive Auto terminal partnering with In progress Terminal shipping lines to initiate time and Stack motion study to assist in mapping Management processes and improve productivity (STAT) ▪ Incorporation of GCOS stack planning module to improve stack management 2.2 Update on Port decongestion initiatives a) Establishment of a multi-party work team: Integrated Decongestion Team formed with daily operations meetings held and implementation review done bi-weekly.
Progress feedback integrated into District Development Model (DDM) b) Back of port operating hours & slot booking: Best operating procedure agreed to: 24 hours Truck pre–booking; 16 Terminal Container Handling facilities in the port, only 4 have adopted truck booking system (70% market share); TPT (Pier 1 (P1), Pier 2 (P2), Point) Grindrod Depot, Fresh Produce Terminal (FPT) & Bidvest Bulk Connections.

ICT infrastructure failure is persistent – Tender in adjudication phase.
c) Trucking association accreditation & training: Comprehensive induction program developed by the Maritime School of Excellence (in consultation with industry) for truck drivers; E-learning platform has been set up to conduct training.
d) Container terminal efficiencies: Team performance & equipment availability tracked on hourly basis; Additional working teams from 11 to 3 60 13, 14th being trained (P2), P1 has 5 – 6th in training; Container incentive scheme has been rolled out, subject to review as part of comprehensive Transnet review of conditions of service; Equipment spares procured and managed closely – long procurement processes including OCPO approvals and all 23 straddle carriers have been deployed.
e) Increased rail utilisation: Started a shuttle between Durban Container Terminal (DCT) and Bayhead Precinct (2019); Rail supply to Island View (IV) has increased from 1 train per week to 4 for manganese & chrome, reduced bulk trucks on port surrounding roads; Supply to Maydon Wharf 4 trains for grains.

f) Joint stakeholder engagement: Comprehensive stakeholder engagement is active (daily & bi-weekly); Regularly share progress feedback in the District Development Model (DDM) forum.

g).
g).

Port access roads: The City-Transnet National Port Authority Memorandum of Agreement (MoA) on the 2nd access road signed; Owners' requirements for Bayhead and Langeberg Roads expansion complete; Metro Police deployed in Bayhead and Langeberg Roads; Traffic impact assessment for the Deproclamation of Maydon Wharf roads completed and awaiting counsel approval from City.
2.3 TNPA interventions to improve terminal efficiencies and oversight 2.3.1 Performance Oversight Management Initiatives a) There is in extensive stakeholder consultation and buy-in by Port users on the implementation of the Penalty and Incentive Model and revision of the Terminal Operator Standards for the Terminal Operators Performance Management.

These are Terminal Operators Statutory Bodies; Industry Bodies (cargo owners, SASSOA); Government (DPE, DOT) and Regulator (PRSA).
b) End to end visibility in the Port Value Chain (improved predictability and deviation management) § User specification defined in collaboration with Terminal Operators; § Pilot/simulation study in partnership with Terminal Operators (Bidvest Tank Terminal, Richards Bay Coal Terminal).

4 61 ▪ Implementation of the Performance Improvement Process to ensure that remedial actions are closed-out by Terminal Operators in cases of non- performance/any other findings.
▪ Review of the terms and conditions of the Terminal Operator Licence and Agreements pertaining to performance clauses to enhance the performance management and enforcement.

▪ War Rooms have been established with a purpose of improving terminal operational efficiencies, through establishing a focused, realtime problem- solving forum that will also provide strategic direction for the operations improvement initiatives within the Ports.
KZN Ports Master Plan Strategy: The strategy for the Eastern Ports Master Plan is as follows: The Port of Durban is to be positioned as a Container Hub.

The Port of Richards Bay is to be positioned as a Dry Bulk & LNG gas Hub.

The SA Navy is to be relocated from Salisbury Island; Base at the Port of Richards Bay and Satellite Station at the Port of Durban.
2.4 High Level Enablers These are some of the major projects which will enable the growth of the Port of Durban: ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Widening and Deepening of the Maydon Wharf Channel.

SA Navy Relocated from Salisbury Island to Richards Bay.

Existing IV Berth 9 decommissioned and demolished.

Dig-Out/Dredging of Pier 1 side of IV channel.

IV Berths 1-8,10 unaffected.

Dedicated access for Point.

TNPA admin building relocation.

MW leases require early termination.


The South African Container Depot (SACD), Mediterranean Shipping Company (MSC) and Grindrod sites in Bayhead are to be part of the container terminal.

Relocation of Dry, Break and Liquid Bulk cargo from Point, Maydon Wharf and Bluff.

TFR rail master plan to increase Port of Durban capacity.

5 62 ▪ ▪ ▪ Development of second access road to link the Port with N2 to alleviate traffic congestion (in partnership with EThekwini Municipality).
De-proclamation of the MW road for TNPA to manage, control and maintain.

Increasing Dry-dock capacity to service and maintenance of larger vessels calling into the Port.
2.5 Milestones There are major milestones that have been achieved in the Port of Durban: ▪ ▪ ▪ ▪ ▪ Completion of the Cruise Terminal Appointment of Consultants to validate Master Plans Completed Phase 1 Engagements – Tabled Master Plans to Port Consultative Committee (PCC) and National Port Consultative Committee (NPCC) Land Swap Agreement for Pelican Island with uMhlathuze Municipality finalized Agreements reached to relocate SA Navy to Naval & Pelican Islands (Port of Richards Bay) 3.
Portfolio Committee on Public Enterprises Oversight visit to Transnet Engineering (TE) Durban Operations 3.1 Overview Transnet Engineering (TE), is still the largest single heavy engineering capability in the country, with extensive manufacturing capability and maintenance services.

In its current form, TE is facing serious challenges in terms of viability and sustainability when evaluated on a purely commercial basis.
The reasons for this are: § Insufficient demand in current rolling stock requirements both locally and in terms of the accessible demand on the African Continent to sustain TE.

§ Constraints placed on TE in terms of legislation and developmental imperatives that have a National strategic connotation, but do not necessarily support the commercial imperatives by which TE is measured and which therefore also impact the competitiveness of TE.
§ The variability of internal demand from Transnet Freight Rail (TFR) which is unpredictable on an annual basis, particularly in terms of maintenance spend 6 63 which deviates considerably in terms of the actual maintenance required to support the targeted freight tons to be moved (maintenance treated as a discretionary spend).
With SA’s de-industrialization and switch to a services economy, coupled with the subsequent impact of COVID, there are very few heavy engineering companies left in SA in terms of size or turnover, and none of the same size as TE.

Only the automotive manufacturing sector in SA comes close to offering a similar capability, albeit with a very narrow focus.
Total Transnet Engineering Headcount (8,599 in total): § Maintenance –about 3,500 people § Manufacturing –about 3,400 people § Engineering (R&D) –about 640 people § Facilities & Infrastructure –about 650 people § Other support services –about 550 people The Committee was taken through the assembly line of its rolling stock in particular the assembly line of the Bombardier locomotives.

The Committee was taken through the phases of assembly and process of constructing the electric locomotives.
The Committee was also taken through a manufacturing process of the CRRC Corporation limited which was formed through a merger of China North Rail (CNR) and China South Rail (CSR).

The challenges experienced in the program were explained to the Committee.

Transnet has instituted civil claims in the high court with regards to the entire procurement, including having the award to four companies — CNR, CSR, General Electric and Bombardier — set aside.
Of the 1,064 locomotives only 583 were delivered, with General Electric having delivered the 233 locomotives it was contracted for.

CSR was contracted for 359 locomotives and delivered 260.

CNR, contracted for 232 locomotives, delivered 22.

Bombardier Transportation, contracted for 240 locomotives, delivered 68.

4.
4.

Meeting with Stakeholders 7 64 The Committee met with organised labour (Satawu and Untu), representatives of the KwaZulu-Natal Department of Economic Development and Tourism and the City of Ethekwini.

These were some of the salient issues raised by the stakeholders: 4.1 Organised Labour The Committee interacted with organised labour to understand their challenges and relationship with Transnet.
Organised labour raised the following issues: 4.1.1 Threat posed by the National Ports Act, 2005 (Act No 12 of 2005) which allowed for competition from the private sector.

The Act imposed obligatory competitive processes to allocate the port operations, thus making Transnet Port Terminals to compete with private sector operators.

Organised labour argued that the private sector would automate work and maximise profits with no focus on job creation.
4.1.2 Concerned regarding the corporatisation of the port, and feared the threat of privatisation and retrenchments; 4.1.3 Procurement of incompatible cranes for the port, which have not been used as no one had been trained to operate the cranes.

4.1.4 The shortage of equipment due to long procurement processes and ageing equipment.

4.2 City of Ethekwini The representatives of the City of Ethekwini welcomed the opportunity to be part of the oversight visit.
They informed the Committee that the City has one vision plan informed by the District Development Model.

The plan is centred around the plot.

There is a strategic alignment between the plans of the City and Transnet, and that is because there is a stakeholders’ forums which meets regularly to discuss challenges and plans for development.
4.3 KZN Department of Economic Development and Tourism The provincial Department of Economic Development and Tourism in KwaZulu- Natal was represented by the Deputy Director-General, Mr Sihle Mkhize, who informed the Committee that they regarded Transnet as a partner and had good working relations.

All the plans of Transnet have been presented to the Provincial Executive and have been endorsed by the province.
He highlighted challenges such as 8 65 illegal imports, congestions and road degradations due to trucks.

He also raised concern with regards to the plan to move all container terminals to Durban port, as some businesses in Richards Bay also require container terminals.

5.

Portfolio Committee on Public Enterprises Oversight visit to Transnet Pipelines (TPL) National Operating Centre (Durban) 5.1 Overview TPL has three regulated business activities petroleum, storage and gas.
The pipeline activities stretch over five provinces.

The division has an asset value of over R42 billion with 679 employees.

In the short term the TPL has identified areas to fix and areas to sustain.

Amongst the areas to fix are the following volumes, fuel theft, project execution, transformation and revenue costs.

Volumes are impacted by low petroleum demand, Covid-19 (3rd and 4th Wave), and fuel theft.
Fuel theft have led TPL to experience environmental cost, security costs, mean time to repair and contractor management.

Project execution is impacted in these areas; Transnet prices vs real prices, funding, project management (implementation), contractor management and prudency.
Transformation relates to Transnet having six active customers, 38 new entrants not yet trading, inability to raise funding, inability to gain the offtakes, inability to access the import facility at Island view and inability to land product at a competitive price.

Revenue costs are impacted by low volumes leading to low revenue and neutrality (short term payment by Sasol and Total on Crude conveyance).
The areas to sustain and improve by TPL include the following: security of supply, customer service, maintenance and safety.

5.2 Financial Analysis as at December 2021 TPL in its financial analysis for the December 2021 met most of its key performance indicators.

The only indicator not met is the gearing, net debt and total capital expenditure.

A summary of the results is tabled below.


9 66 5.2.1 December Results § Revenue before the Natref provision is above budget due to higher crude volumes transported and a positive impact on the distribution pattern from the coast.

§ Based on the continued short payment from both Sasol and Total, the Natref Provision is accounted for in revenue as there is probability that TPL will not recover the shortfall.

The change in accounting treatment was effected for interim reporting.
§ Operating expenditure for the month is below budget by R11.2m due savings in labour (R7.1m) and electricity(R3.0m) costs.

§ Year to date revenue after the Natref provision (R388.1m) is R178.9m above budget.

This is attributable to the budget assumption that there will be lower volumes in the first 3 months of the financial year due to COVID third wave.

This did not materialise.


§ The positive deviation of R352.5m in operating expenditure to date is mainly due to the reduction in the environmental provision of R311m based on the reassessment conducted at interim reporting and savings in other cost element (Note: expenditure includes R34m relating to actual VSP).

§ EBITDA is therefore R531.4m above budget.

§ The forecast revenue before the Natref provision and levy of R5.570 billion is based on volumes of 15.143 billion litres.
§ Forecast EBITDA of R3.930 billion is R354.2m above budget mainly due to the reversal of environmental provision.

5.3 Volumes The impact on volume was elaborated to Declining volume budget 15.850bl to LE 15.143bl –FY22/23 estimate 14.7bl, GDP growth, Fuel Theft and Higher Tariff.

What was achieved was Utilisation of Jameson Park TM2 Buffer stock and ensure uninterrupted security of supply to the inland market and keep Johannesburg wet.
The planned activities in terms of volumes: sign term sheet with customers, utilisation of 24’MPP trunk line capacity 148Ml/week, utilisation of Tarlton Storage facility e.g.

10 67 Bonded warehouse, strategic storage for Botswana Pipeline, Supply TFR fuel depots, collaboration with Vopak and Standard Bank in Island View i.e.

unlocking opportunities for HDSA’s at intake and Introduction of jet into the 24’ MPP.
5.4 Transformation The impact on transformation is; TPL has only six customers which are oil majors, inability of TPL to accommodate Historically, Disadvantaged South Africans (HDSA) customers, inability to raise funding, inability to gain the offtakes, inability to secure import storage, slippage of HDSA volumes from the pipeline and failing to implement sector economic transformation.
What was achieved was, TPL on boarded 38 HDSA customers, collaboration with Vopak at Island view Durban to secure storage facility for independent, collaboration with Standard Bank to secure funding, offered inland storage at Tarlton, waivered the requirement for contribution to line fill and offered an immediate product availability inland.

TPL planned TFIT and Jameson Park Road Distribution.
5.5 Long term outlook TPL is now gearing itself for the long term when petroleum products will be in low demand and the introduction of electric vehicles.

It has set out to adapt and innovate its business model.

Adapting the business model whilst leveraging the Transnet strategic assets and core competencies and collaborating across the energy ecosystem.
Transition Financial Risks to TPL include the following: § Revenue Loss: It is expected that energy transition will have a significant impact on the demand for liquid fuels, this may have serious implications leading to revenue losses.

Decline in petroleum demand may start as early as 2030 and by 2050 demand will be less than half the demand of 2019.
§ Capital investment, stranded assets and repurposing: New capital investment in petroleum pipelines will likely result in stranded assets with the expected decline in liquid fuels demand.

11 68 TPL has identified the following emerging opportunities: § Accelerate TPL Transition strategy to reduce the potential gap in revenue due to move to cleaner fuels.

§ Richards Bay LNG Project.

§ Ngqura LNG Project.

§ Saldana LNG Project.


§ Repositioning of the Lily to support Transnet’s participation in Richards bay LNG.

5.6 Fuel Theft TPL made a presentation on fuel theft, this was done to explain the extent of the environmental damage, the security effort in securing the pipeline and the revenue losses resulting from the pipeline damage caused by the theft.

TPL does not have reasons why people are stealing because recently there were incidences of theft of crude oil.
Transnet is using drones and helicopters to secure the pipeline.

There is a need to get everyone involved The pipeline is a servitude right; a person can still plant on top on the pipeline but they cannot put a permanent structure on top of where the pipeline is.

TPL has a product theft task team which seat on a monthly basis, all the initiatives are reported as well as statistics.

Three members of NERSA seat in the task team.


There is an opportunity to interact with the challenges that TPL faces in fuel theft and its correlation with determining tariff.

The number of incidents has been lowered through interventions of the task team from 15-16 a month to 3-5 a month.

6.
Findings These were some of the findings that were identified by the Committee: 6.1 Although there are challenges related to the capacity and efficiencies of the port, it was impressed with the plans to expand the port in order to unlock its potential; 12 69 6.2 Noted with concern that Transnet had not determined the financial impact of the corporatisation of the port on the financial performance of group; 6.3 Noted with concern that there had been no extensive consultation and engagement with organised labour on the strategic direction of the port, particularly on the corporatisation; 6.4 Noted with concern the impact of legislative and policy impediments which affect the efficiency of operations, particularly the turnaround time for procurement of equipment and parts; 6.5 Acknowledged the advanced manufacturing capabilities and capacity of Transnet Engineering, however was concerned with the slow delivery of the 1064 locomotives.
6.6 The Committee observed that fuel theft is the work of organised syndicates and requires intervention from the Justice, Crime Prevention and Security (JCPS) cluster as it costs TPL a loss of revenue.

6.7 Clarity was sought on the land rights where the pipelines were located and what are the costs related to that.

6.8 A concern was raised that there are 38 HDSA who are still yet trading with TPL in terms of strategies to ensure that they are supported to participate.
6.9 The need to explain the tariff application process with NERSA 6.10 The Committee observed with the calls for a greener economy which will lead to a decline in the use of petroleum how is TPL positioning itself for this future eventuality.

6.11 The Committee was expected to visit Transnet Freight Rail but due to weather conditions the oversight visit was postponed for a later date to be confirmed.

7.
Recommendations The Committee made the following recommendations: The Minister of Public Enterprises should ensure that Transnet: 7.1 engages with National Treasury, Department of Trade, Industry and Competition and the Department of Economic Development, to address 13 70 the policy and legislative impediments that are hindering SOEs from advancing developmental objectives; 7.2 engages organised labour on the public-private partnership and on the policy direction of the company; 7.3 engages the City of EThekwini and the KZN Provincial Government on investing in the rail network in the province; 7.4 avoids job losses in the reforms that will be implemented at Transnet, particularly the corporatisation of Transnet National Ports Authority; 7.5 creates an inter-departmental freight unit within the city of Durban that can bundle expertise and act as a one-stop shop for freight-related issues in the city.
This unit could act as a vehicle to improve coordination on freight transport and engage in joint planning, aligning various actors including Transnet, SANRAL, the national and provincial departments of Transportation and the various departments within the city of Durban; 7.6 increases the autonomy of TNPA and streamline decision-making procedures within Transnet.

This includes more financial autonomy, e.g.


by creating a separate fund at the disposal for TNPA for port infrastructure and maintenance; 7.7 focuses on the performance of the whole business value chain, as too much focus seems to be on one indicator (e.g.
crane productivity) without much consideration for (and sometimes even at the detriment of) other indicators; 7.8 undertakes a comprehensive environmental port impact study and implements green-port mitigation policies if necessary; 7.9 institutes legal proceedings against companies who failed to deliver on their commitments in the rolling stock; 7.10 follows up on recommendations of the State Capture Report in the investigation and prosecution of individuals who were implicated in the acquisition programme of the 1064 locomotives; 7.11 improves efficiencies, economy and effectiveness in the TE supply chain management process; 7.12 increases efforts to secure the pipeline from fuel theft by improving governance structures through stakeholder engagement with JCPS cluster to protect revenue loss from TPL; 14 71 7.13 expedites transformation targets and streamlines efforts through strategies and making infrastructure available in order to get the 38 HDSA to trade with TPL; 7.14 ensures that there are strategies and capital outlay at TPL in preparation to transition from petroleum to green initiatives; 7.15 ensures that the copper theft initiatives are put in place as it is a challenge in the rail network and ensures that this should be done in conjunction with law enforcement agencies; 7.16 ensures that there are detailed timelines and budget in addressing the recommendations.
Report to be considered.

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